Presentations and Proclamations:· The Mayor recognized a local World War II veteran and bomber pilot.
· Councilor Sorg presented an 11 minute video on residents complaints targeted at developers causing dust and dirt issues in Las Cruces. No mention of desert conditions, low humidity, agriculture, or the inherent need to clear land associated with new construction.
· Robert Kyle, City Staff member, spoke on pending Erosion Control Ordinances. He said the City Code should address health issues, non-compliance with Federal Clean Air Act and potential EPA non-attainments status which could result in a loss of federal funding. Existing ordinance adopted in April 2000 is inadequate, lacks clarity and enforcement is difficult. He is proposing new ordinances that are more definitive and enforceable. They will be conducting dust tests in Districts 5 & 6. The City, as well as the public, must be in compliance with ordinances and he claims a larger staff is necessary to proactively enforce the ordinances. Councilor Sorg said this is a “quality of life” issue and it will be expensive but he feels the expense is necessary. Councilor Thomas said the restrictions and definitions in the Draft are confusing. Councilor Silva didn’t like the organization of the draft document. This discussion continued for more than 75 minutes.
· Robert Caldwell, new Community Relations Coordinator spoke about the duties and responsibilities of his new position which became effective July 1st. It was the consolidation of the old Special Events Coordinator and Public Relations Coordinator positions.
Public Participation: (Began at 2:58 pm)
1. Eddie Binns wants to extend the test area for dust control to the property he is developing on Del Rey Blvd. He cautioned the City about the tax consequence for dust control on City owned property. He pointed out that most of the dust studies conclude only 18-20% of dust comes from development.
2. John Moscato commented that a dust control ordinance will have a significant economic impact and will add approximately $6500 to $10,000 per lot. This will significantly impact affordable housing. He also mentioned that more than 6,000 construction workers are now unemployed in the Las Cruces area.
3. Russ Warner reiterated that the City must be held to the same standards in regards to dust control. He said the ordinances must have teeth in them and that the City should not hesitate to file mechanics liens against property owners.
4. Ryan Davis expressed concerns about the Municipal Court system requiring elderly residents to stand out in the high heat for over 3 hours to pay their fines. He blamed “Queen” Judge Miller-Byrnes for the problem. He wants the City to appoint additional judges to provide better service.
5. Sam Wydner commended the Transportation 2040 plan for being bicycle friendly. He objected to the temporary traffic light at Roadrunner Parkway and Golf Course Road, expressed his concerns about the danger of using the new crosswalk near Veterans park, and made a tearful plea with his daughter at his side because she cannot ride her bike to school on Roadrunner parkway because there is no bike lane. Councilor Thomas stated she is still working on some solution to narrow Roadrunner Parkway to add bicycle lanes.
6. The Mayor addressed the Council and commented that they should all be concerned about the economic impact dust control mitigation will have on the developers in the current economic times and that the Council should proceed with caution.
Resolutions and/or Ordinances for Consent Agenda
Items #4 & 8 were removed from the consent agenda and all others were approved by a vote of 7/0
Resolutions and Ordinances for discussions
1. Items #4 concerned a grant adding $5,000 to the existing $14,000 grants to do a test project on solar compacting trash bins for recyclable times at City Hall. It was approved by a vote of 7/0.
2. Item #8 concerning a $40,000 grant from New Mexico Department of Transportation for the Union Avenue/Stern Drive intersection. The project total is $101,000 This was approved by a vote of75/0
3. Item #10 approved the transfer of a liquor license to Pic Quik Stores for the 1501 E Amador location. It was approved 7/0.
4. Item #11 approved the authorization of $1,100,000 for furnishing, dishes, pot and pans, miscellaneous equipment, etc for the new Convention Center. No funds come out of the General fund but instead come from the CVB fund and construction contingency funds. It was approved 7/0.
5. Items #12 & 13 were discussed together. Item #13 would change the City Code to change 29 mandatory court appearance fines into “penalty assessments” which would enable citizens to mail in the fine rather than make a mandatory court appearance. This was passed 7/0.
6. Item 12 would have changed the offense of using a cell phone while driving to a “penalty assessment” and would change the fine to a single amount of $126 for each offense. Councilor Connor objected and said this was too much. After some discussion the fine was set at $56 (parking violation level) plus the required $36 court costs. It was passed 5/2 with Councilor Small and Mayor Miyagishima voting NO. They thought the fine should be set at the minimum “moving violation” category of $76.
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